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RECORDS tie PAST
VOLUME II MARCH, 1903 PART IIl
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Volume II RECORDS ae PAST Part II
REV. HENRY MASON BAUM, D.C.L. re MR. FREDERICK BENNETT WRIGHT
Editor Assistant Editor
MARCH, 1908
CONTENTS :
I. Frontispiece, Hammurabi Receiving the Laws from the Sun-god of Sippara : 66
Il. Editorial Introduction to the Laws of Hammurabi, King of Babylonia : 67
III. Hammurabi’s Introduction to his Code of Laws . : F : ; : ; ; 68
IV. Hammurabi’s Code of Laws . : ‘ : ‘ : : 69
V. Hammurabi’s Conclusion . ‘ : : : . : : : : F 88
VI. Cuneiform Text of Hammurabi’s Laws (Plates 1, 2, 3, 4, 5, 6) . : . 2 ; of
Copyright, 1903, by Records of the Past Exploration Society. Entered at the Washington Post Office as Second-Class Matter. |
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HAMMURABI RECEIVING THE LAWS FROM THE SUN-GOD OF SIPPARA
RECORDS tiePAST
VOL. Il PART III
MARCH, 1903
fof sf
THE LAWS OF HAMMURABI, KING OF BABYLONIA
EDITORIAL INTRODUCTION
HE ruins of Susa now being excavated by the distinguished explorer
M. de Morgan have already yielded important results. He was led
to undertake the excavation of ancient Susa from inscriptions found
in the ruins of Babylon, from which he learned that many of the most im-
portant monuments of the Babylonian kings had been carried, as trophies
of war by the Elamite kings, to their capital, Susa. When he left Egypt
in 1888 it was for the purpose of recovering from the ruins of Susa these
monuments. He had not been long at work in Susa before he found the
stele of Naram-Sin c. 3,800 B.C., which showed a high state of art in the
Tigro-Euphrates valley nearly 6,000 years ago. This discovery was rapidly
followed by others. The most important of which is the stele of Hammu-
rabi, upon which was engraved his code of laws, c. 2,250 B.C.
Two translations of this code have been made, one into French by
Scheil, the assyriologist of the French Expedition to Persia, of which M. de
Morgan is the director, and the other into German by Dr. Hugo Winckler.
The following translation is from the latter by Dr. H. Otto Sommer and
construed into legal phraseology by William Earl Ambrose, Esq.
This code is the oldest collection of public laws that has yet been dis-
covered. It is a reflection of the social conditions existing in Babylonia
4,000 years ago. The jurist of to-day will recognize in it most of the funda-
mental principles on which our social legislation is based.
; |
OPI25 Fe
68 RECORDS OF THE PAST
To the biblical student the Code of Hammurabi suggests at once 4
comparison with the Laws of Moses, which were written about 700 years
later. But a comparative study of the two codes can only be made by
one conversant with the conditions under which Moses promulgated his
laws for the government of the Hebrew state and church. It has already
been charged that Moses copied from the older code. It must be remem-
bered that in every age and condition of society the great fundamental
principles of justice have been and must remain the same. Therefore when
we find these principles of justice existing in both the laws of Hammurabi
and Moses, we recognize in them the eternal precepts of right and wrong
in human society. Granting this, a further comparison between the two
codes reveals in the latter, a higher and what is and may be claimed to be, a
divine ordering for the higher and spiritual condition of man. That Moses
was familiar with the Laws of Hammurabi and doubtless had studied them
cannot be doubted by anyone conversant with the literary and commercial
intercourse existing between Egypt and Babylonia. The comparison of
the two codes will form the subject of a future article in RECORDS OF THE
FAah HAMMURABI’S INTRODUCTION TO HIS CODE OF LAWS
When Anu the sublime, the King of the Annunaki and Bél, the lord of
heaven and earth, who fixed the destiny of the country, had committed
the whole of mankind to Marduk, the son of Ea, the god of right, when
they made him great among the Egigi, had pronounced the sublime name
of Babylon, made it great upon earth, had established in it an eternal king-
dom, the foundations of which are laid firm like heaven and earth, at that
time Anu and Bél called me, Hammurabi, the great prince, who fears God,
to give justice a status in the country, to destroy the wicked and bad, that
the strong should not overcome the weak, that I might rise over the block-
headed ones; like Shamash, to illuminate the land and to further the
welfare of humanity, Hammurabi, the prince, the one called by Bel, am
I. To obtain riches and superabundance, bringing about everything pos-
sible for Nippur and Durilu, the exalted protection of Ekur; who had
restored Eridu, purified the cult of E-apsu, who fought against the four
regions of the world, made the great name of Babel, brightened the heart
of Marduk, his master; who (Hammurabi) does service in Esagila, the
royal branch which Sin founded, who made rich Ur, the humble and
subservient one, who brings riches to Gish-shir-gal, the wise King, heard
by Shamash, the mighty one, who laid the foundations of Sippar, who
clothed in green the tombs of Malkat, who enlarged E-babbar, which is
like heaven; the warrior who protected Larsa, and renewed E-babbar for
Shamash, his helper, the lord who gave new life to Uruk, who supplied
plenty of water to its inhabitants, who raised the head of E-Anna, com-
pleted the splendor of Anu and Nanna, the protector of the country, who
united the scattered inhabitants of Isin, who richly supplied E-gal-mach,
the protecting city king, brother of the god Zamamma, who firmly founded
the settlement of Kish, surrounded with splendor. E-me-te-ur-sag doubled
the great sanctuaries Nana; manager of the temple of Harsag-kalama, the
grave of the enemies, whose help gains the victory; who enlarged the city of
Cutha; who made splendid everything in E-shid-lam; the black steer who
strikes down the enemies, the favorite of the god Tu-tu; who caused joy to
the population of Borsippa; the sublime one, who is tireless for Ezida. the
LAWS OF HAMMURABI 69
god-like king of the city; the wise one; the clever one, who extended the
agriculture of Dilbat; who piled up grain for Urash, the strong one; the man
to whom belongs the scepter and crown with which he crowns him; the
chosen one of the goddess Mama, who fixed the place of the temple of Kish;
who enriched the holy meals of Nintu, the careful one, who provided the eat-
ing and drinking for Lagash and Girsu; who supplies large offerings for the
temple of 50; who takes hold of the enemies, the chosen one of the oracle;
who carried out the prophecy of Hallab; who caused joy to the heart of
the Annunit, the pure prince, whose prayer is recognized by Adad; who
set at rest the heart of Adad, the warrior in Karkar, and restored the imple-
ments of the culture in Eud-gal-gal; the King, who lent life to the city of
Adab; the director of E-mach; the princely King of the city, irresistible
fighter, who gave life to the population of Mash-kan-shabri; who furnished
superabundance to the temple of Schidlam, the wise, valiant one who forced
the retreat of the bandits; who covered the inhabitants of Malka with mis-
fortune; who founded richly their residence; who established pure offer-
ings for Ea and Dam-gal-nun-na; who made his Kingdom great forever;
the princely King of the city, who subjugated the provinces along the
Ud-kib-nun-na canal (Euphrates), according to the commandment of
Dagon, his creator; who spared the inhabitants of Mera and Tutul; the
exalted prince, who made radiant the countenance of Nina; who set holy
meals before the god Nin-a-zu; who cared for their inhabitants in need,
safely cared for their fortunes in Babylon in peace; the shepherd of the
subjects; the servant, whose deeds are pleasing to Annunit; who pleased
Annunit in the temple Dumasch in the suburb Agade; who proclaims
justice, leads the law, gave back to the city of Assur her gracious patron;
who caused to dwell the name of Istar in Nineveh, in the temple E-mish-
mish; the sublime one, who prostrates himself before the great gods, the
descendant of the Sumu-la-ilu; the mighty son of Sin-muballit; the kingly
seed of eternity; the mighty king; the sun of Babylon, who causes the light
to radiate over the country Sumer and Akkad; the King whom the four
regions of the world obey; the favorite of the god Nini,am I. When Marduk
sent me to rule mankind, to impart judicial protection to the country, it
was that I might establish right, justice and happiness among the people.
HAMMURABI’S CODE OF LAWS
1. Any person convicted of preferring charges against another person
which he cannot substantiate shall be put to death.
2. In event anyone prefers charges against another person and the
one against whom the charge is brought leaps into a body of water and is
thereby drowned, that person who preferred the charge shall thereupon
take possession of the property of the one so drowned. But if the person
against whom the charge is preferred is not drowned, the person who made
the charge shall be put to death and the one accused shall take possession
of the property of his accuser.
3. Any person preferring a charge of malfeasance against a juror
sitting in the case at bar, which charge he is unabke to substantiate, and
the hearing being one at the conclusion of which the death penalty may be
adjudged, the person so preferring such charge shall be put to death.
4. Any person attempting to suborn a juror by a bribe of grain or gold
shall be deemed to be guilty of felony and shall receive such punishment as
70 RECORDS OF THE PAST
might be adjudged proper to inflict upon a person guilty of the offence for
which such trial was being conducted. : a
5. Any judge conducting a trial and rendering a written decision
therein shall receive 12 fold the punishment administered by reason of his
decision, if the decision is subsequently proved to be erroneous.
6. Any person convicted of the offence of selling property stolen either
from the city or the temple shall be put to death and the person who receives
the stolen goods from such offender shall likewise be put to death.
7. Any person purchasing silver, gold or a slave, either male or female,
a beef or an ass or any other personal property from another person
or from the slave of another person, without witnesses to the transaction
or agreement, shall be adjudged to be a thief and shall be put to death.
8. Any person who without right sells a beef, a sheep, an ass or swine
or other personal property, if it be the property of the temple or of the city,
shall make restitution thereof 30 fold, if it be the property of a freedman,
10 fold; in event such person has nothing with which to make restitution in
accordance with the foregoing provision, he shall be deemed to be a thief
and shall suffer the death penalty.
9g. If anyone has lost an article of personal property and discovers it in
the possession of some other person and that person excuses his posses-
sion by the statement that still another person sold it to him in the presence
of witnesses and that he has paid therefor, and thereupon the owner of the
article declares that he is able to bring witnesses to identify his property; it
then becomes incumbent upon the possessor to produce the one whom he
alleged sold him the article and likewise a witness to the transaction of
purchase. The owner shall likewise produce witnesses to substantiate his
ownership and all the witnesses shall proceed before a judge and all the
witnesses being duly put upon their oaths, shall testify to the facts before
the judge. In event the owner proves his property the seller of the article
shall be deemed to be a thief and shall suffer the death penalty. The pur-
chaser shall make restitution of the property to the owner and shall receive
back from the, seller the purchase price.
10. In event of a failure on the part of the purchaser, vendor and the
witnesses before whom he alleges he consummated the transaction to appear
in the case, and the owner does produce witnesses to establish his ownership
in said property, the purchaser, in failing to produce his witnesses to the
transaction and the vendor as aforesaid, shall be adjudged to be a thief and
shall suffer the death penalty. The property shall be restored to the owner.
11. In event of a failure, however, on the part of the claimant of the lost
property to produce at the hearing competent witnesses to establish his
ownership, he shall be deemed guilty of having slandered the purchaser and
shall suffer the death penalty.
12. In event the vendor of property which he has sold without right,
shall die prior to a hearing upon the claim of the owner of the property,
then the vendee shall receive from the estate of the vendor 5 fold the pur-
chase price of the article disposed of to him by the decedent.
13. In event of inability to produce witnesses in such a case at the first
hearing thereon, the judge shall continue the trial of the cause for a period
not to exceed 6 months. In event of failure of either party to produce
witnesses for their respective claims within that period, the one failing so
to do shall be deemed guilty and shall receive such punishment as is herein-
before provided for in such cases.
LAWS OF HAMMURABI 71
14. Anyone adjudged to be guilty of kidnapping shall be put to death.
15. Anyone who shall abduct a slave of the court, or a female slave of
the court, or the male or female slave of a freedman, shall be taken beyond
the city gate and put to death.
16. Anyone harboring a runaway slave, either male or female, of the
court, or of a freedman, and failing to produce him or her on the public
demand of the major domo of the court, or the house of a freedman, upon
conviction thereof shall be deemed guilty of felony and shall suffer death.
17. Anyone capturing a male or female slave, and returning said male
or female slave to his or her master, shall be compensated by the master to
the extent of 2 shekels of silver.
18. In event a runaway slave shall refuse or fail to name his master,
the person capturing such slave shall produce him before the court where
his identity shall be examined into and upon its being ascertained the slave
shall be returned to his master.
19. Any person capturing a runaway slave and detaining him in his
house and exercising ownership over him, upon conviction thereof shall be
deemed guilty of felony and shall suffer the death penalty.
20. In event a runaway slave escapes from his captor, the captor shall
make oath to the owner of the slave as to the circumstances, and thereupon
shall be released from any charge by reason of the escape.
21. Anyone seeking to burglarize a house, by breaking into it, shall
be deemed guilty of felony and shall suffer the death penalty. The execu-
tion shall take place at the point of the breach in-the house and he shall be
there interred.
22. Any person convicted of a robbery shall be put to death.
23. In event anyone shall be robbed, and the person committing the
robbery shall escape, the party so deprived of his property shall make claim
under oath, enumerating the property of which he has been robbed, where-
upon the municipality or (...... ) wherein said robbery was committed.
shall compensate him for his loss.
24. In the event of the abduction of any person, the municipality or
Casneces ) in which the abduction took place shall pay to the personal rep-
resentatives of the abducted person, 1 silver “mine.”
25. Any person who shall be present at a fire occurring in the house
of another, and while present at such fire appropriates any article belonging
to the proprietor of the house in which the fire occurs, shall be deemed
guilty of a felony, and as a punishment therefor shall be thrown into the
burning fire.
26. If an officer of the king or [drafted] man who has been ordered
to march with the king’s troops, fails so to do and procures a mercenary
or substitute who performs the duty incumbent upon such officer, or
[drafted] man and the officer or [drafted] man shall die while his mercenary
or substitute is with the king’s troops, thereupon the mercenary or sub-
stitute shall be entitled to take possession of the estate of his deceased
principal.
27. If an officer or [drafted] man is captured during a reverse of the
king, and during his imprisonment his property is delivered into the hands
of some other person, he shall upon his release and return to his home be
reinstated in the possession of his property.
28. In event of the capture of an officer of the king or [drafted] man
upon a defeat suffered by his king, the officer’s son shall take possession of
72 RECORDS OF THE PAST
his property and that son shall be deemed the proper person to exercise
the control and possession over his father’s field and garden.
29. In event his son [the son of an officer or drafted man] by reason
of his infancy is incapable of taking possession of his father’s property, the
son’s mother shall be given 4 the field and garden of the father and shall
be charged with the maintenance and support of such son until he shall
reach maturity. ;
30. In event an officer of the king or [drafted] man fails to make
provision for the cultivation of his field, garden and the care of his house,
or gives them in payment to some other person who enters into possession
thereof and occupies the same for the period of 3 years, whereupon such
officer or [drafted] man returns to claim such field, garden or house, the
officer or [drafted] man shall not be deemed the rightful owner, and the
property shall remain in the possession of the person occupying it.
31. In event he [an officer of the king or a man] shall lease his prop-
erty for the period of one year and at the termination of said lease he returns
to take possession of said property, he shall be entitled to the possession
thereof.
32. Any person purchasing the freedom of an officer or man captured
while on a march with his king, shall be repaid the ransom money by the
captured officer or man, in event the officer or man has property or means
sufficient to repay the purchaser of his freedom. In event such ransomed
person has no means by which to repay the person purchasing his freedom,
the municipality in which such captured person has his domicile shall com-
pensate the purchaser of his freedom, the charge therefor to be first made
upon the temple. In event of insufficient funds in the temple to make
payment then the state shall defray the charge. The field, garden and
house of the ransomed officer or man shall not be charged for repayment.
33. Any [officer] or [soldier] who deserts and substitutes a mer-
cenary in his stead and the mercenary goes in his stead, then the deserter
shall be deemed guilty of felony and punished by death.
34. If [officer] or a [soldier] injures the property of the king he shall
be deemed guilty of felony and punished by death. If anyone delivers an
officer of the king into bondage, and in so delivering the officer into bondage
he bribes one in authority to assist him in the delivery and likewise appro-
priates to his own use property belonging to and bestowed upon the officer
ie his king, that wrongdoer shall be deemed guilty of felony and put to
eath.
35. Anyone purchasing a beef or small animal given by the king to
an officer [for the officer’s rations] shall forfeit the purchase price.
36. The field, garden and house of a taxpayer cannot be sold [is
exempt from levy].
37. Anyone purchasing a field, garden or house of an officer, soldier
or taxpayer the slate shall be washed [the contract therefor shall be null
and void] and the purchase price shall be refunded‘to the owner [and he,
the owner, shall retain his property].
38. A captain, soldier or taxpayer cannot sell the property of his feudal
lord, wife or daughter, or pledge such property for the payment of his debts.
39. He [captain, soldier or taxpayer] may assign the field, garden or
house which he has purchased with his own money and which he possesses
in his own right for the payment of his debts. He may also convey such
property to his wife or daughter.
LAWS OF HAMMURABI 73
40. He [captain, soldier or taxpayer] may sell [lease] to a trader or
employee of the city his field, garden and house for usage.
41. Anyone fencing in the field, garden and house of an officer, soldier
or rentpayer and furnishing the fencing pales therefor shall, upon the return
of the officer, soldier or rentpayer, deliver to him the field, garden or house
and the fencing so erected, and the fencing shall become and be the prop-
erty of the officer, soldier or rentpayer and shall not be taken from the
land of the owner by the erector thereof.
42. Anyone entering into the possession of a field upon agreement
and neglecting to raise grain upon that field shall be held accountable to
the owner thereof for a quantity of grain commensurate with that grown
in the neighboring fields, upon it being shown that he has failed to comply
with the conditions in regard to the cultivation of the land.
43. In event of failure of such a person to cultivate a field he shall be
held accountable to the owner thereof for the payment to him of grain
commensurate with that grown in the neighboring fields and he shall
further be compelled to plow and sow the said field and deliver the field,
so planted and sown, back to its owner.
44. In event the person takes possession of a waste field for the pur-
pose of making it arable, but fails to make the field arable, he shall be com-
pelled to cultivate the barren field in the fourth year [after his having
taken possession of it], harrow it, seed it and deliver the field to the owner,
and shall be compelled to render to the owner for every 10 “gan” [of grain he
might have raised had he been diligent] 10 “gur” of grain.
45. In event anyone enters into an agreement [leases] for a field and
under that agreement a fixed compensation is paid therefor to the owner,
and bad weather intervenes and destroys the [growing] crop, the loss
shall be borne by the lessee.
46. In event no definite compensation is fixed for the use of the field,
but a proportionate share of the products is agreed upon [for its use],
the lessor and the lessee shall divide the grain cultivated upon that field
in accordance with their agreement (4 or 4).
47. In event the lessee, because of a failure in the first year of his
tenancy to receive maintenance [to raise enough grain for his maintenance]
from the field, notwithstanding his earnest effort to so do, the owner thereof
may not hold him responsible for his share; the field has been tenanted
[and an attempt at cultivation made] and at the next harvest the owner
shall receive grain in accordance with his agreement.
48. Anyone leasing a field which is devastated by tempest or by a
drought is not compelled to account to the owner for his share of grain
during that year, the slate is dissolved in water [the obligation is annulled]
and an accounting is to be had for that year at the termination of the
succeeding one.
49. Any person leasing a tillable field to a business man and borrowing
money from him, and at the same time directing the business man to culti-
vate the field and to plant thereon grain or sesame and to harvest grain
raised thereon for his benefit, and the business man or his subtenant raises
upon the field grain or sesame, the person so leasing to the business man
shall, at the harvest, receive the grain and sesame which are raised upon the
field and pay to the business man grain for the money advanced by him,
besides interest on such money advanced by the business man, and shall in
addition thereto give to the business man such grain as is necessary for the
74 RECORDS OF THE PAST
sustenance of the business man or such cultivator of the soil as has been
employed by the business man for the purpose of raising grain upon his
field. [Provide for maintenance of the laborers who actually do the work. ]
30. If anyone borrows money upon a cultivated grainfield or culti-
vated sesame field he shall receive the grain or sesame which is grown upon
that field. He shall pay back to the person making him the loan the
money borrowed, with interest.
51. In event he is unable to repay the loan or money borrowed, he —
shall deliver to the lender grain or sesame [equal in value] to the amount
of the sum borrowed, with interest, in accordance with the rate of interest
provided by the royal tariff [legal rate]. ;
52. In event anyone borrows money upon a field and fails to raise
grain or sesame whereby to repay his creditors, his indebtedness is not
extinguished.
53. Anyone failing to keep his [irrigating] dam in repair and through
his neglect and laziness a break occurs in the dam and his neighbors’ lands
are flooded by the overflow of the water therefrom, he shall compensate the
owner of the damaged land for his loss of grain or other property [occa-
sioned by the overflow].
54. In event he is unable to repay or make good the damage incurred
by his neglect, his property is to be sold and those incurring damage
through his negligence are to divide his property among themselves in
accordance with the extent of the several losses occasioned by his neg-
ligence.
55. If anyone opens his canal for the purpose of irrigation [in a neg-
ligent manner] and thereby floods the fields [of his neighbors] shall be
held to account to those neighbors and to pay them grain corresponding
with their [the neighbors’ ] loss.
56. Anyone negligently and maliciously found to be guilty of flooding
his neighbor’s tillable fields shall measure out to that neighbor “gan” for
every 10 “gur” of grain [destroyed thereby].
57. Any shepherd who, without the permission of the owner of a field,
permits his cattle to graze upon another’s field, shall permit the owner of
the field upon which his cattle have grazed, to harvest his [the shepherd’s]
field and shall pay in addition thereto [to the owner of the devastated field]
20 “gur” of grain for every 10 “gan” destroyed by his wrong doing.
58. In event a shepherd, after his herd has left the general pasture
and been coralled at the city gate, allows them to graze upon the field of
another, that shepherd shall be compelled to keep that field which he has
allowed his cattle to graze upon [in exchange for his own] and at the
harvest time shall pay to the owner of the devastated field, for every 10
“gan,” 60 “gur” of grain [destroyed by his wrong doing].
59. Anyone trespassing upon the land of another and cutting wood
therefrom, shall pay to the owner thereof 4 “mine” of gold.
60. Anyone intrusting to a gardener a field [uncultivated] in order
that it may be planted as a garden and the gardener thereupon enters upon
the field and cultivates it and cares for it for a period of 4 years, the culti-
vator and the owner thereof shall divide with one another at the end of
the fifth year the products of the field.
61. In event the gardener does not complete the planting of the field
and leaves a part uncultivated [at the end of the fourth year] the unculti-
LAWS OF HAMMURABI 75
vated part shall be deemed to be his share, and the owner thereof shall
have the cultivated portion.
_ 62. In event the gardener takes the field which has been intrusted to
him, if it be a wheat field, and fails to cultivate it, the gardener shall be
compelled to pay to the owner such sums of money or such an amount of
grain as might have been raised upon the field in accordance with what
has been raised upon adjoining fields, and shall moreover place the field
in a cultivated condition.
63. If anyone shall redeem waste land and make a cultivated field out
of the same and return it to its owner the owner shall measure out for a
year 10 “gur” of grain for every 10 “gan” [of land]. [The 10 “gur” of
grain for each 10 “‘gan” of land shall be paid but once in compensation for
the services rendered in making the land productive. ]
64. Anyone leasing a field for the purposes of cultivation shall, so
long as he retains possession thereof, render 3 of the profit thereupon to
the owner and shall retain 4 for himself.
65. In event the lessee does not work the field and the profit thereof
decreases he shall give to the owner thereof profit commensurate with the
products on neighboring fields.
[There are 5 rows of text missing here which have been chiseled out.
The following paragraphs were obtained from copies out of the library of
Assurbanipal:]
a. Anyone selling to another a date garden [borrowing money from
another and giving therefor a date garden as security] upon condition that
the dates grown thereon shall be the consideration [security] for the money
paid by the purchaser [lender], the owner of the field shall be entitled
to harvest the dates and return to the purchaser [lender] the purchase
price [borrowed money] for the same and interest according to the order
[covenants] of the contract, and may dispose of the dates as he deems
advisable. baka a
b. If anyone leases property from another for the term of a year, paying
therefor [in advance] and the lessee shall be ejected by the owner, he, the
lessee, shall be entitled to receive back such portion of the money as is
represented by the unexpired term.
c. [Anyone] owing a debt of grain or money to another which he is
unable to pay back, shall be entitled to produce other possessions which he
may have equal in value [to the advancement] and discharge his indebted-
ness [by delivering them to his creditors].
[The enumeration of the paragraphs from this point gives rise to the
supposition that the gap takes in 35 paragraphs and goes on from 100. ]
100. Anyone borrowing money shall, on the day of settlement, repay
the same to his creditor, with interest, according to the memoranda of
his contract [for payment].
tor. Anyone advancing money to another for the purpose of enabling
the borrower to engage in business elsewhere, and the borrower to whom
he advances failing to profit by his enterprise in such foreign place, he,
the lender, shall receive back from the borrower the money so advanced.
102. In event anyone has an advance made to him of money for an
enterprise in which he [subsequently] suffers, the loser shall return the
money advanced by his creditors.
103. In event an advancement is made to another and the borrower,
while on his journey in pursuance of the enterprise for which the money
76 RECORDS OF THE PAST
is advanced, is robbed, he shall return and make statement under oath to
his creditor of the circumstances of the robbery and thereupon shall be
discharged [from liability on account of loan]. :
104. Anyone delivering to a middleman, factor or broker, grain,
sesame or other merchandise to sell [for his account], the middleman,
factor or broker shall give to him a receipt or written obligation setting
forth the commission and conditions [contract of brokerage] under which
sales and disposals of the properties are to be made and shall, in return,
take a receipt [a written authority to sell] from his consignee. - The middle-
man, broker or factor shall not use the money of his business man [con-
signee] unless receipted for [authorized in writing].
105. If the middleman, factor or broker is negligent and has failed to
take receipts for money paid by him to the business man, he is estopped
from making a subsequent claim therefor.
106. If anyone furnishes money to a middleman, broker or factor and
said middleman, broker or factor afterward denies the receipt of such
money and the person advancing the money shall make oath to the trans-
action and produce witnesses to substantiate his claim and the claim is
found to be a just one, he shall be entitled to reclaim from the middleman,
broker or factor 3 fold the money advanced by him to the middleman,
broker or factor.
107. Anyone advancing money to a middleman, broker or factor which
has been returned to him in full, and at the payment, the lender disputes
the payment, the party making the advance, upon the unjustness of his
dispute being determined, shall compensate the middleman or broker by
paying to him 6 fold the amount advanced, repaid and disputed by him.
108. Any restaurant [inn] keeper who for the payment of drinks [or
entertainment] shall [demand] and_ receive grain according to gross
weight instead of money and if it is shown by the payer that the drink [or
entertainment] is of a lesser value that that charged for, the innkeeper
shall be deemed guilty of misconduct [misdemeanor] and thrown into the
water [in punishment].
109. If a restaurant or innkeeper allows conspirators to meet at his
or her house and these conspirators are brought to trial before the courts
[and are convicted], the innkeeper shall be put to death.
110. In event a virgin of the temple opens [sells liquors] or enters a
bar for the purpose of drink she shall be burnt up.
111. An innkeeper delivering 60 “ka usakani” liquor [to one on credit]
shall be repaid at the harvest 50 “ka” of grain.
112. If anyone while on a journey intrusts to another person gold,
silver, precious stones or other personal property and the bailee fails to
transport all such property to the destination determined upon [and di-
rected by the bailor], but appropriates it [or any part thereof] to his own
use, he, the bailee, shall give back to the bailor 5 fold the amount which
has been appropriated by him.
113. If anyone receives an order from another for gold or grain and
the giver of the order takes out of the house for safe-keeping [the storage
place of the article for which the order was given] without the knowledge
of the person to whom the order was given, any part of the gold or grain,
he shall be held amenable and shall return the gold or grain to the person
holding his order and [in punishment therefor the property of the wrong-
doer shall be confiscated] his property shall be confiscated.
LAWS OF HAMMURABI 77
114. Anyone without right demanding grain or gold from another and
under duress forcing its delivery shall for each and every offence committed
by him pay $ “mine” of silver [to the injured person].
115. If anyone having a claim against another for grain or gold shall
exercise judicial restraint over that person, and that person dies a natural
death while undergoing imprisonment, the person occasioning the im-
prisonment shall not be held accountable therefor.
116, If, however, such imprisoned person dies in the house of the
claimant from the effects of blows or harsh treatment inflicted upon him,
the person causing his restraint [the murderer] shall be produced in court;
in event the person dying was a free man, the son of the person causing
his death shall suffer the death penalty in event of conviction. If on the
other hand the decedent was a slave, the murderer shall pay 4 “mine” of
money [to the decedent’s owner]. The murderer’s estate shall become
the property of the slave’s owner [or the heirs of the freeman].
117. Anyone who shall, by reason of his indebtedness, sell his wife’s
son or daughter for money or hires them [or either of them] out for forced
labor in order that he may pay his indebtedness with the proceeds realized
from their labor, the person so hired out shall be compelled to work for 3
years for the purchaser [hirer] and in the fourth year he or she shall be
emancipated.
118. In event a slave, male or female, is hired out for forced labor and
the person hiring them rehires them to someone else, he shall not be
adjudged to be at fault in so doing.
119. Anyone who owes a debt and for payment thereof sells a female
slave, who has born children, shall be compelled to furnish money for the
purpose of emancipating her.
120. If anyone stores grain in the house of another and an accident
happens to the grain, or the bailee converts the grain to his own use and
afterward shall deny the existence of any such grain stored in his house,
then the owner upon making claim under oath for his grain [which is sub-
stantiated], shall be entitled to receive from the bailee the grain lost or
converted by the bailee to his own use in undiminished quantity.
121. Anyone storing grain in the house of another shall compensate
the bailee by paying to him 5 “ka” of grain for every 1 “gur” of grain
stored during the year.
122. If anyone intrusts to another gold, silver or other personal prop-
erty for safe-keeping, he shall exhibit the articles to be stored to a witness
and thereby close the contract for safe-keeping [which shall be a binding
contract of bailment].
123. In event the witness to the contract [alleged to have been made]
shall afterward appear and deny its existence, the bailee shall be discharged
of any liability on account of the alleged contract.
124. Anyone depositing with another one gold, silver or any personal
property before a witness, shall be entitled to have restored to him the
article in undiminished quantity.
‘125. Anyone receiving for bailment [for hire] another’s property,
which property, together with his own property, is lost or stolen while in
his possession, shall return [the value of] that which was given him [bailed
with him] for safe-keeping to the owner or bailor. The bailee may recover
it [the stolen property from the thief] and shall not be adjudged to have
committed an offence.
78 RECORDS OF THE PAST
126. If anyone deprived of property by fraud shall assert his claim
thereto under oath he shall receive back from the one practicing the fraud
upon him that which he claims [upon proof of his right so to do].
127. Anyone slandering a virgin of the temple or the wife of another
person and being unable to substantiate the slander [the truth of which
slander he cannot substantiate] shall be marked upon the brow.
128. If anyone takes to himself a wife without a formal contract [of
marriage being entered upon], the woman so taken shall not be deemed
to be the legal wife [of the man so taking her to his bed]. ae
129. If anyone’s wife is captured with another person [committing
adultery] both are to be thrown into the water. In case the husband of
‘the wife forgives his wife and the king his slave [no other punishment shall
be inflicted].
130. If anyone violates [has carnal knowledge of] the wife of another
one, the wife not prior thereto having had knowledge of a man, and the
assault occurs in the house of her father and the assailant is captured, he,
the assailant, shall be put to death and the woman shall be regarded as
blameless.
131. If a husband slanders or brings charges against a wife [to the
effect that she is an adulteress] [and puts her aside], though she is not
discovered sleeping with another one, she is to make oath before God and
[she shall upon making oath as to her innocence] return to her house.
132. If against anyone’s wife, on account of another man, accusation
is made and she is found sleeping with another man, then shall she jump
into the river in place of her husband. [A woman found guilty of adultery
shall be drowned. ]
133. In event a husband is taken prisoner of war while in his house,
and leaves [makes provisions for his wife’s support] life sustenance and
[after provision for her support has been made] his wife leaves her house
and home and goes into another home; she, because she has not preserved
the sanctity of her home, but has gone into another house, shall be taken
before the court [and on conviction thereof shall be] thrown into the water.
[ Drowned. ]
134. If anyone is taken prisoner of war and there is no life sustenance in
his house [and makes no provision for his wife’s support] and his wife goes
into another house, she shall in that case be adjudged guiltless.
135. If anyone is taken prisoner of war and there is no life sustenance
[support provided for his wife] in the house and his wife goes into another
house and there are children born to her in the house to which she goes,
and later her husband returns to his home, then shall his wife return to
him; the children, however, shall follow their father.
136. If anyone leaves his home, runs away [deserts and abandons his
wife] and thereupon his wife goes into another house; if then he returns
and wishes to take back his wife to himself, the wife of the fugitive shall
not return to her husband, because he has torn himself away from his
family and run away.
137. If anyone has the intention to cast from him a side wife [con-
cubine], who has born children to him and his legal wife has presented him
with children, he shall give to each wife her respective children and give
her a useful portion of field, garden and possessions that she may raise her
children. [In event of her husband’s death and all her children reach their
majority] when she has raised her children she shall receive [an allotment
LAWS OF HAMMURABI 79
equal to a son’s share of his property] a portion of all that her children
receive as is allotted to a son. She may then likewise marry the man of
her choice.
138. If a man divorces his wife [because of her barrenness], who has
born him no children, he shall give back to her the sum of the present
from him to her at the wedding [the money he gave her for a wedding
gift] and also the dowry which she brought him from her father’s house.
139. In event a man marries a woman without presenting to her a mar-
riage portion and subsequently there is a legal separation declared, he shall
give to her 1 “mine” of money.
140. If he is a freedman [emancipated slave] he is to give to her 4 of
a “mine” of money.
141. In event a man’s legal wife shall depart from him after having
been guilty of extravagance, and before her departure she is brought to
court by her husband and the husband solicits a divorce, which is granted,
she shall be permitted to depart and the husband shall not be compelled to
compensate her. In event the husband does not desire to be divorced and
desires to take another wife, the one deemed guilty of extravagance shall
be compelled to remain in the house of her husband as a servant.
142. In event the wife quarrels with her husband and shall produce
proof sustaining her justification and. she is found to be blameless, she
shall [be permitted] to return to the home of her father and in addition
thereto receive compensation from her husband. ,
143. If she is adjudged to be guilty of having dissipated [her hus-
band’s property] and neglected her husband, she shall be thrown into the
water.
144. If anyone [a man] takes a wife and his wife gives her husband a
servant, and the servant has children by him, and the man then declares
his intention of taking a side wife [concubine], he shall not be allowed so
to do. He shall have no side wife [concubine].
145. If anyone [a man] takes a wife and she does not bear him any
children, and he has the intention to take a side wife [concubine], if he takes
a side wife and brings her into his house she shall not stand on the same
footing with his wife.
146. If a man takes a wife and this one gives her husband a maid as
wife, and she [the maid] bears him children, and then this maid tries to
place herself on an equality with her mistress, because she has born chil-
dren, her owner is not to sell her for money, but he is to pay her in silver
and reckon her among the servants.
147. If she has not born children, then her master may sell her for
money.
148. If any man shall marry a woman and she becomes sick (?) and
he then marries another woman, he shall not cast out the sick wife, but
shall keep her in his house and support [and protect] her so long as she
lives.
149. In event the wife does not desire to live in the house of her
husband he shall be compelled to return to her the dowry which she has
brought from her father’s house and she shall be permitted to take her
departure.
150. If a man shall give to his wife a field, garden, house or other
property and gives her written evidence of the conveyance and shall there-
after die, in event her sons lay no claim to the property [by way of hire for
80 RECORDS OF THE PAST
services] the widow shall be permitted to bestow upon the son of her
choice the estate given her by her husband and is not bound by law to
give to her other sons any part thereof.
151. In event a widow marries a second time and her second husband,
prior to the marriage, had an estate, this estate shall be exempt from attach-
ment by the creditors of the wife. The wife’s estate shall likewise be
exempt from attachment by creditors cf the husband [provided it was
acquired prior to her second marriage].
152. In event the [second] husband and wife jointly contract an in-
debtedness subsequent to the marriage they shall be jointly liable therefor.
153. If the wife of a man occasions her husband’s death, because of her
love for another man, she shall be deemed guilty of murder and put to death.
154. If anyone has carnal knowledge of his daughter, he is to be driven
from the town.
155. If anyone betroths his son to a girl and the son associates with
her [accepts her in marriage] and the father of the son is afterward con-
victed of having committed adultery with his son’s wife, the father is to
be bound and thrown into the water.
156. If anyone betroths his son to a girl and his son does not recognize
her [accept her in marriage] and thereupon that one [the son’s father]
sleeps with her, he, the son’s father, shall pay her 4 a “mine” of money and
shall give back to her everything that she has brought along from her
father’s house. She may then marry the man of her choice.
157. If anyone sleeps with his mother after his father [has slept with
her], then both the wife and son are to be burnt up.
158. If the son of any man is caught with the chief [first or legal
wife] of his father, after his father has cohabited with her, if she has born
children, he is to be driven out of his father’s house.
159. If anyone brings personal property into the house of a proposed
father-in-law [in payment to the father for his daughter] and thereafter
refuses to marry the daughter, he shall forfeit such property as he has
brought in payment for his wife to the father.
160. If anyone brings personal property into the house of his proposed
father-in-law and the father-in-law receives the same and then refuses to
permit that person to take his daughter from the house, the father of the
daughter shall return the property he has received and upon the return
thereof shall be discharged from his obligation to the suitor for his daughter.
161. Should anyone bring into the house of his proposed father-in-law
and pay to him the grain demanded for his daughter and thereupon is
slandered by a third person, whose desire it is to marry the daughter, and
the father thereupon refuses to permit the one paying the grain to take
his daughter, he, the slandered person, shall be entitled to receive back
the grain he has paid to the father of the daughter and the party slandering
him shall not be permitted to marry the daughter.
__ 162. Anyone marrying a wife, who shall bear him sons and then die,
will not be compelled to return to his wife’s father her dowry. The dowry
upon her death shall belong to her sons.
163. In event anyone marries a wife and she shall die without issue,
the father of the wife shall return to the husband the grain treasure which
er been paid him by the husband. The dowry shall revert to the wife’s
ather.
164. In event the father fails to return the grain treasure paid for his
LAWS OF HAMMURABI 81
daughter by her husband, her husband shall be entitled to deduct from the
dowry, which belongs to her father, the amount thereof, and shall then pay
whatsoever remains of the dowry to her father.
165. In event a father during his lifetime gives to a favored son his
field and executes conveyance thereof to that son and then dies and leaves
other sons, the favored son shall receive from his father’s estate the field
presented to him during the lifetime of his father and the balance of his
estate shall be divided among those not so favored.
166. In event he chodses wives for his adult sons, before his minor
sons attain maturity, and then dies, the adult sons shall divide the property
equally among themselves, after having set aside a sufficient portion of
the estate, to enable their minor brothers to provide grain treasure with
which to purchase wives. ~
167. If anyone marries a woman who bears him children and the
mother thereupon dies, and the husband then remarries and has children
by his second wife, and thereupon the husband dies, the property shall be
divided among all the children per capita. The property left by the first
wife shall go to her children and that of the second wife to her children.
168. Anyone proposing to disinherit his son shall go before a tribunal
and there declare his intentions to so do, whereupon a hearing shall be had
and if the son is found to be not guilty of conduct which shall justify his
disinheritance, the father shall not be permitted to disinherit him.
169. In event the father establishes misconduct on the part of the son,
such as would justify disinheritance, the son shall be forgiven for the first
offence, but upon repetition thereof shall be deemed guilty of having com-
mitted a grave offence and shall be disinherited.
170. If a man marries a woman who bears him sons and he also has
children by a slave, who, during the father’s lifetime, were recognized as
his sons and declared to be such, and the father then dies, the children of
both the wife and the slave shall divide equally the father’s estate. Never-
theless the children of the wife shall be preferred in the choosing of the
portions of said divisions.
171. In event, however, the father of children by a slave does not
recognize them during his lifetime as his children, ‘my sons,” the children
of the slave shall not be entitled to share with the children of the wife,
upon the death of the father, but the slave and her children shall be emanci-
pated and no claim upon their services shall be permitted to be made by
children of the wife. The wife shall be permitted to receive her dowry and
the property given her by her husband during his lifetime, by written con-
veyance, and shall have the use and occupation of her deceased husband’s
house, so long as she shall live, which house may not be sold upon her
hhusband’s death. The property of the wife shall descend to her children.
172. In event the husband has bestowed no gift during her lifetime
upon the wife, she shall receive her dowry and in addition thereto, a portion
of her husband’s estate commensurate with the portion of all of her children.
In event her sons eject her from the homestead, she may proceed before a
tribunal and there assert her claim; if it be proved that her sons have wrong-
fully ejected her, she may remain in her husband’s house. In event a
widow desires to leave her husband’s house she shall bestow upon her sons
the gifts which her husband had given her, but she may retain her dowry
and remarry if she desires.
173. In event a widow marries and there is issue born to her and
82 RECORDS OF THE PAST
thereupon she dies, her dowry shall be divided between the children of her
first and second husbands [per capita].
174. If she does not bear sons to her second husband the sons of her
first husband shall receive her entire dowry. ;
175. When a slave of the state or the slave of a freedman marries the
daughter of a freedman and issue is born of such marriage, the owner of
said slave shall not be permitted to reduce to slavery the children of such
marriage. If he should so do they shall be deemed to be free children.
176. If a state slave or the slave of a freedman marries anyone’s daugh-
ter, and after he has married her and she has moved into that one’s house,
taking with her the dowry of her father’s house, they both have settled
down and founded a household of their own, have acquired wealth, and
thereupon that slave dies, then this freeborn woman shall take her dowry
and all that which she and her husband have acquired since their settling
down; she shall divide it into two parts and the owner of the slave shall
take 4 and the freeborn woman shall take the other 4 for her children. If
the freeborn woman did not have a dowry, she shall divide everything into
two parts which her husband shall have acquired since their settling down,
and the owner shall take $ and the freeborn woman shall take the other 4
for her children.
177. Any widow, who shall desire to enter into a marriage contract
having ungrown children, shall not be permitted to enter into the mar-
riage relation with another person without first gaining permission from
the court. If she marries, the value of the estate of her former husband
shall be determined by the court and it shall then be given into the custody
of the widow and the second husband. The property shall be kept in good
order, the children maintained and no disposition [by sale] of the estate
shall be made. Anyone purchasing such property shall forfeit the pur-
chase price and the property shall be returned to its owner.
178. If the father of a consecrated one [a virgin of the temple] or a
public girl [prostitute for hire regulated by city] has given her a dowry and
a certificate thereunto, which certificate contains no provision for the dispo-
sition of the property and fails to give her a right to dispose thereof as she
may desire, dies, her brothers are to receive her field and garden, according
to the size of her share, and are to give her grain, oil and milk and place her
in peace [provide for her safe-keeping]. If her brothers do not give her
grain, oil and milk, according to her share, and do not place her in peace,
her field and garden are to be given over to a farmer whom she approves,
and the farmer shall provide for her. She shall have the field, garden and
everything which she has inherited from her father so long as she lives,
but she shall not sell it or dispose of it to another one. Her child’s portion
[heritage] belongs to her brothers. [Life interest with remainder to
brothers. ]
179. If the father of a consecrated one or a public gir has given her a
dowry and has given her a certificate thereof, and has specified therein that
she may dispose of her dowry to whom she pleases, giving to her full power
of disposition thereof, and the father then dies, she may thereupon dispose
of her heritage to whom it pleases her to so do. Her brothers may inter-
pose no objection.
180. If a father gives to his daughter—marriageable or public girl—
and then dies, she is to receive a child’s protection of the paternal estate,
and as long as she lives is to have the use thereof. What she leaves
LAWS OF HAMMURABI 83
behind belongs to her brothers [life estate with remainder to brothers].
181. In event a father, who dedicated his daughter to the temple,
thereupon gives her no dowry and then the father dies, she shall receive
from her father’s estate [the use of for life] 4 of her portion of the estate
so long as she shall live and at her death her share of the estate is to revert
to her brothers.
182. In event the father should fail to bestow on his daughter [virgin
of the temple] a dowry prior to his death, she shall receive 4 of a child’s
portion from her father’s estate, but she shall not be entrusted with the
management thereof. She may, however, make whatsoever disposition
of this property by law, as she may desire.
183. If anyone gives to his daughter, who is the offspring of a concu-
bine, a dowry with a certificate thereof, and then gives her in marriage,
and the father dies, she is to receive no portion of the paternal heritage.
184. If the father of the daughter of a concubine does not give a
dowry to the daughter and does not provide for her in marriage, and the
father dies, the daughter’s brothers are to give her a dowry in keeping
with the paternal fortune, and provide for her marriage.
185. In event of the adoption of a child by a person who shall give to
the child his own name and nurture the child to maturity, the [natural]
parents of the child shall not be permitted to claim it [of its foster parents].
186. In event of the misconduct of the child he may be returned to his
father’s house [by his foster parents].
187. The son of a gallant [libertine] in the service of the palace or of
a public girl [public prostitute] cannot be demanded back [from the per-
sons who cared for and raised him.
188. If a workman adopts a child for the purpose of rearing him and
teaches him his trade, the child cannot be demanded back again.
189. If he has failed to teach him his trade, the son, upon reaching
maturity, can return to his father’s house.
190. In event an adopted child is not permitted to associate with the
children of his foster parents, he may at maturity return to his father’s
house.
191. If anyone [unmarried] adopts a child and afterwards founds a
home and rears children of his own, and then attempts to cast out the foster
child, shall not be permitted so to do unless he shall give to the foster
child 4 of a child’s portion exclusive of his field, garden and house.
192. In event a foster child shall say to his foster father or mother,
“Thou art not my father or mother,” his tongue shall be cut off.
193. If the son of a gallant [libertine] or of a [gallant’s] mistress
seeks knowledge of his natural father’s home from his foster father or
mother, and turns away from them [his foster parents] and goes into his
[natural] father’s house, then his eyes are to be put out.
194. If anyone leaves a child with a wet nurse and the child dies in
the wet nurse’s charge, and the nurse then suckles to maturity another
child without the knowledge of the father and mother of the child left
with her in the first instance, that nurse shall be arrested, because she has
nursed another child without the knowledge of the father and mother, and
her breast is to be amputated [upon conviction of the offence].
195. Anyone assaulting his father shall suffer the loss of his hands.
196. Anyone destroying the eye of another shall suffer the loss of an
eye as punishment therefor.
84 RECORDS OF THE PAST
197. If anyone fractures the bones of another, the guilty one, upon
conviction, shall have his bones fractured in punishment therefor.
198. If anyone destroys the eye of a freedman or fractures the bones
of a freedman, he, upon conviction thereof, is to pay 1 “mine” of money
[as a fine].
199. If anyone destroys the eye or fractures the bones of anyone’s
slave, he, upon conviction thereof, is to pay 4 of his value [to the owner
of the slave].
200. If anyone knocks out the teeth of one, his equal [in rank], his
teeth are to be knocked out, upon conviction of the offence.
201. If he has knocked out the teeth of a freedman, he is to pay 4 of
a “mine” of money [as a fine].
202. If anyone commits assault and battery upon the person of another
one of higher rank than himself, he is publicly to receive 60 lashes with the
oxhide [upon conviction of the offence].
203. When a freeman commits assault and battery upon another free-
man of equal rank he shall pay 1 ‘‘mine” of money [to him in damages].
204. If a freedman commits assault and battery upon a freedman, he
is to pay 10 shekels of money [to that freedman so assaulted].
205. If the slave of a freeman commits assault and battery on a
freeman, his ear is to be cut off as a penalty therefor [upon conviction].
206. If anyone assaults another in a fight and gives him a wound, and
upon oath declares he did so without intent, he shall pay the doctor [and
be discharged from further punishment].
207. If the assaulted person dies of the blow the aggressor shall, under
oath, state that he did not intend to kill; if the decedent be a freeborn
person, he shall pay 4 a “mine” of money as a fine [upon conviction of the
offence].
208. If the decedent was a freedman, he is to pay 4 of a “mine.”
209. If anyone strikes a freeborn woman, who is pregnant.and thereby
causes a miscarriage, the assailant, upon conviction, shall pay 10 shekels of
money to the injured party in damages.
210. If the woman dies, then the assailant’s daughter shall be killed.
211. If a woman of the freed classes suffers-a miscarriage through
the assailant’s blow, he shall pay 5 shekels of money [to her in damages if
convicted].
212. If the woman dies of the assault the assailant shall pay 4 a “mine”
as a fine.
213. If the woman assailed is someone’s servant and she suffers a
miscarriage thereby, the assailant shall pay 2 shekels of money [as penalty
upon conviction].
214. If the servant dies he is to pay 4 of a “mine.”
215. If a doctor performs an operation upon a patient [freeborn] and
thereby cures the patient, or if he opens a tumor of the eye by an operation
with a knife and the eye is saved thereby, the doctor is to receive 10 shekels
of money for his services.
216. If the patient is a freedman the doctor shall receive 5 shekels.
217. If the patient is anyone’s slave, the owner is to give the doctor
2 shekels.
218. If a surgeon makes a severe wound with the operating knife on
a patient, and the patient dies; or opens a tumor of the eye on anyone
and the eye is lost, the surgeon shall have his hands chopped off.
LAWS OF HAMMURABI 85
219. If a surgeon performs a serious operation on the slave of a freed-
man with an operating knife, and kills the slave, he shall give the owner
a slave in the deceased one’s stead.
220. If the surgeon has opened a tumor on the eye of a slave with an
operating knife, and the eye is destroyed, the surgeon is to pay 4 the price
[value] of the slave to the owner.
221. Ifa doctor heals the broken bone of anyone or diseased soft parts,
the sick one is to give the doctor 5 shekels.
222. If he be a freedman he is to give 3 shekels.
223. Ifhe bea slave, his owner is to pay the doctor 2 shekels.
224. Ifa doctor of beeves and asses [veterinary] makes a severe wound
on a beef or ass and heals the animal, its owner is to give the doctor % of
a shekel.
225. If he does a severe operation on a beef or an ass and kills it, he
is to give its owner 4 of its value.
226. Ii the shearer [brander of slaves] without the knowledge of the
owner of a slave marks a salable slave with the sign [sign used to designate
a worthless slave] of an unsalable slave, the hands of this shearer are to be
cut off [upon conviction of the offence].
227. If anyone deceived a shearer and has him brand a salable slave
with the sign of an unsalable slave, the party guilty of the deception shall
be put to death and his house is to be burnt [provided he be convicted
thereof]. The shearer, upon making oath to the following: “I have not
marked him [the slave] knowingly,” shall be regarded as innocent.
228. If a builder builds a house for anyone and finishes it, the owner
is to give him for [every] “sar” of built surface 2 shekels of money as a
present [in compensation for his labor].
229. If a builder builds a house for anyone and does not complete it
firmly, and the house that he has built collapses and kills the owner, then
the builder shall be put to death.
230. If it kills the son of the owner, then the son of the builder shall
be put to death.
231. If it strikes a slave of the owner, he shall give slave for slave [for
every slave killed] to the owner of the house.
232. If it destroys property, he is to make good all that has been de-
stroyed and, because he has not carried out finally the building of the
house [contracted to be] built by him, so that it collapses, he is to build
up the collapsed part and furnish his own materials therefor.
233. If a building master builds a house for anyone and he has not
carried out completely [his undertaking], and the wall threatens to fall,
the builder is to make the wall firm out of his own money.
234. If a shipbuilder builds a ship for anyone of 60 “gur” [capacity]
the owner shall give him 2 shekels of money as a present [compensation].
235. If a shipbuilder builds a ship for anyone and does not make it
strong, and the ship sails during that year [upon a journey] and suffers
injury [by reason of its faulty construction], the shipbuilder shall take the
ship apart and rebuild it firmly out of his own materials; he shall build a
firm ship for the shipowner.
236. If anyone hires a ship to a skipper and the skipper is careless,
and the ship is wrecked or destroyed, the skipper shall replace the ship to
the shipowner.
237. If anyone supplies [provisions] a skipper his ship, that is, supplies
86 RECORDS OF THE PAST
it with grain, oil, dates and everything else that belongs to its outfitting,
and that skipper is negligent and wrecks the ship and destroys its contents,
the skipper shall replace the ship that is wrecked and everything that was
destroyed in it.
238. If a skipper wrecks anyone’s ship, but saves it [from total loss],
he is to pay 4 of its price in money to its owner.
239. If anyone provisions a ship or a skipper he is to be paid therefor
6 “‘gur’” for the year.
240. lf a freight boat collides with a passenger ship and wrecks it, the
owner of the ship which was wrecked is to seek justice before God [present
his claim under oath]; and in event it is sustained, the owner of the freight
boat, who has occasioned the wreck of the passenger ship, shall return to
the owner of the passenger ship the ship so destroyed [or its value] and
everything that was destroyed with it.
241. If anyone forces an ox not belonging to him to labor he is to
pay 4 of a “mine” of money in penalty therefor.
242. If anyone hires a field ox for a year he is to give to the owner
4 “gur” of grain as hire for the field ox.
243. As hire for the heath (?) ox he is to give the owner 3 “gur” of
grain.
244. If anyone hires an ox or an ass, and a lion [wild beast] kills it in
the field, the loss falls on the owner.
245. If anyone hires an ox and kills him through bad treatment or
blows he is to return to the owner an ox for the ox so killed.
246. If anyone hires an ox and he breaks one of its legs or cuts a neck
ligament, the lessee is to return [an uninjured ox] to the owner.
247. If anyone hires an ox and knocks one of the ox’s eyes out he is
to give $ of its value to the owner.
248. If anyone hires an ox and breaks off one of its horns, cuts off its
tail or damages some part of its mouth, he is to pay } the value in money. |
249. If anyone hires an ox and God [an unavoidable accident] strikes
him and he dies, then the one who has hired him shall swear before God
and be blameless [shall make oath to the circumstances and be discharged
from liability].
250. If an ox, while going upon the street, strikes anyone and kills
him, there shall be no legal claim for damages [the law will not hold any-
one liable therefor].
251. If anyone’s ox is a butter [dangerous], and his fault has been
pointed out to the owner, who shall fail to wrap its horns and does not re-
strain the ox, and the ox gores a freeman and kills him, the owner shall pay
2 “mines” of money.
252. If he kills anyone’s slave he is to pay 4 of a “mine.”
253. If anyone bargains [seeks to lease his farm to another] with
another one to take care of his farm and trusts him with grain for planting
and with draft animals, and bids him to plant the field, and the one to
whom the property is intrusted steals the grain or plants raised thereon
and takes them for his own use, he shall have his hands cut off.
254. If he takes the planting grain (?) [seed] for himself and does not
use the draft beast, he shall return to the owner of the field the amount of
the cultivation grain (?) [a sum equivalent to what might have been raised
upon the land had he done his duty].
255. If he [the lessee] lets out the draft cattle of the man for rent or
LAWS OF HAMMURABI 87
steals the seed grain and does not raise anything upon the field, he is to be
arrested and upon conviction of the offence shall for every 100 “gan” pay
60 “gur” of grain to the owner.
256. If [he cannot pay the penalty] his township does not care to
pay it for him, he is to be left on that farm among the cattle.
257. The rate of pay for a field laborer is 8 “gur’’ of grain annually for
his services.
258. If anyone hires an ox tender he is to pay him 6 “gur” of grain
a year.
259. If anyone steals a water wheel. from the field he is to give the
owner 5 shekels of money upon proof of his guilt.
260. If he steals a dipping bucket or a plow he is to give 3 shekels of
money to the owner upon proof of his guilt.
261. If anyone hires a shepherd to graze out cattle and small animals
he is to give him 8 “gur” of grain a year [in compensation for his labor].
262, Ii atiyone ss» a beef orasheep...... [tablet defaced].
263. If he [one to whom a beef or sheep is loaned] ruins the beef or
sheep that was loaned him, he is to return to the owner a beef for a beef
and a sheep for a sheep.
264. If a shepherd who has been intrusted with cattle and small
animals for grazing purposes has received the wages that were determined
upon [as compensation for his services], damages the beef or small cattle
and makes the increase by birth smaller, he shall be accountable to the
owner, according to the wording of the agreement for increase and profit.
265. If a shepherd who has been intrusted with cattle and small animals
falsifies the natural increase or sells the increase for money, he is to be
arrested and [upon conviction thereof] shall return 10 fold the cattle or
small animals [so claimed to exist] to their owner.
266. If in a stable a beef is injured by an act of God or a lion [wild
beast] the shepherd shall make oath to his lack of fault and produce the
injured animal to its owner [and thence go in peace].
267. If a shepherd through his negligence causes injury to cattle in
the'stable, the shepherd shall compensate the owner in cattle and small
animals to the extent of the damage, which he has caused in the stable
[to the owner’s property].
268. Ii anyone hires an ox for the purpose of threshing he shall pay
for the hire thereof 20 “ka” of grain [for that threshing period].
269. Ii he hire an ass for threshing purposes the rate of hire is 20 ‘‘ka”
of grain [for that threshing period].
270. If he hires a young animal for threshing purposes the rate of hire
is 10 “ka” of grain [for that threshing period].
271. If anyone rents an ox, wagon and driver, he is to pay 180 “ka”
of grain per day [for the use thereof].
272. If anyone hires a cart alone he is to give 4o “ka” of grain per
day [for the use thereof].
273. Anyone hiring a laborer shall give him [for his services] from
every new year to the fifth month [at the rate of] 6 Grochen of money
per day and from the sixth month to the end of the year he is to pay him
[at the rate of] 5 Grochen per day.
274. Anyone employing a workman who is a member of an associa-
tion shall pay him at the rate of 5 Grochen; a potter’s (?) wages shall be
5 Grochen, a tailor’s wages shall be 5 Grochen, the wages of a
88 RECORDS OF THE PAST
Grochen, the wages of ...... (?) Grochen, the wages Of A weceus (?)
Grochen, the wages of a carpenter shall be 4 Grochen, the wages of a rope-
makér (?) shall be 4 Grochen, the wages ofa ...... (?) Grochen, the wages
of a mason shall be (?) Grochen, per day. ;
275. If anyone hires a ship [from another] he is to give for the use of
the ship for each day, 3 Grochen of money as rent.
276. If he hires a freight ship he is to give 24 Grochen per day. _
277. If anyone hires a ship of 60 “gur” [capacity] he shall give 4
shekel of money a day as rent therefor.
278. If anyone buys a male or female slave, and before the end of the
month the bénu-sickness attacks the slave, he shall give the slave back to
the vendor and shall receive back from the vendor the money that he has
paid [for the slave].
279. If anyone buys a male or female slave and a claim is laid to them
[by a third party] the vendor selling without right so to do is responsible
both to the owner and purchaser.
280. If anyone buys male or female slaves in a foreign country, and
he goes into that country and the owner recognizes his male or female
slave; if the male or female slaves are children of a common country he is to
return them without paying money damages [being called upon to pay
damages to the owner].
281. If they [the slaves] come from another country the purchaser
shall make oath as to the amount of money he paid for the slaves, and the
owner shall thereupon pay back to the purchaser the money which he has
paid [for the slaves] and take the male or female slaves into his possession
again.
282. If a slave says to his master, ‘““You are not my master,” and is
proven guilty of this [of falsifying in respect thereto], his owner may cut
off his ear. ,
HAMMURABI’S CONCLUSION
The determination of law of the ever wise King Hammurabi, who
taught the country proper law and the pious institutions. Hammurabi,
the protecting King, am I. Men, whom Bél gave me, the government of
whom Marduk has given me, I did not flee from; I was not dilatory, I
furnished them with residences of peace, I opened steep passes, I let light
shine out from them, with a mighty weapon which Zamama and Istar
loaned me, with a keen glance which Ea determined for me, with the wis-
dom which Marduk gave me; I routed out the enemies above and below
[north and south], I subjugated the earth, I furnished the country with
well-being, the inhabitants of the residences with life and safety, I did not
tolerate a disturber of the peace; the great gods called me, I am the good
shepherd [sovereign], whose staff [scepter] is straight [just], the good
shadow [umbrella], which is spread over my city; at my breast I nurse
the inhabitants of the land Sumer and Akkad [Babylonia], in my protection
I let them rest in peace, in my wisdom I harbored them that the strong
should not injure the weak, to make safe widows and orphans; I have
rested in Babylon, I have rested in the town of Babylon, the town of Anu
and Bél their head. In Sagila the temple whose foundations stand firm as
heaven and earth, I have in order to speak the right of the land, to determine
the matters of conflict, to heal the injuries of, my valuable words I have
inscribed upon my memorial stone, upon my image, erected as a king of
justice. who rises above the kings of the city am I.
LAWS OF HAMMURABI
My words are well considered, my wisdom has not its equal; upon the
laws of Shamash, the great judge of heaven and earth, righteousness is
to rise up in the land; upon the word of Marduk, my master, to my
monument destruction is not to happen. In the Sagila that I love, shall
my name be for ever, the avenging one, who has judicial matters [not
litigation], shall come for the picture of the king of righteousness, shall
read the inscription and understand my valuable words, the inscription
shall show him [shall explain him its affairs], his justice he shall see [find],
his heart shall become joyous [so that he shall say], “Hammurabi is a
sovereign, he is a father to his subjects; to the world of Marduk he has
furnished a representative for the word of Marduk; he is known above and
below [north and south]; the heart of Marduk, his master, he has given
joy, for ever has supplied well-being to his subjects; he has brought the land
into order.” When he has read the record, he is to pray before Marduk,
my sovereign, and Zarpanit, my sovereigness, pray with a full heart, then
will the protecting deities of the gods who walk in the Sagila thoughts
daily speak graciously before Marduk, daily before Marduk, my master, and
Zarpanit, my mistress.
If later, perpetually and for ever, the king, who is in the country, shall
the words of righteousness which upon my monument I have written,
observe, the law of the country that I have given, the decisions that I have
ordered, he shall not change, my memorial not injure. If this prince has
wisdom and is able to keep his country in order he shall observe the words
that I have written in the inscription; standards of conduct and statutes
and the law of the land that I have given, the decisions which I have
rendered shall the inscriptions show him; his subjects he shall rule according
to them [by them], he shall speak justice for them, shall render decisions,
he shall weed out of the country wicked and mischievous ones, he shall
furnish to his subjects well-being, Hammurabi, the king of righteousness,
Shamash presented with the right, am I. My words are well [weighed],
my deeds have not their equal to subjugate [reduce] the high one, to
humble the proud one, to drive out the haughty. If that prince heeds my
words which I have written in my inscription and does not injure my law,
and does not misunderstand my words, does not injure my memorial, so
may to that prince as to me, the king of righteousness, Shamash, make his
rule long, his subjects he shall rule in justice. If that prince does not heed my
words which I have written in my inscription he shall have my curse and
contempt; does not fear the curse of the gods, defaces the law that I have
given, falsifies my words, changes my memorial, extinguishes my name,
writes down his name, or on account of those curses despises anyone, that
person, with a king or master, Patesi (?) or citizen, whatever his name,
great god-father of the gods, who has ordained by sovereignty, let him
withdraw the splendor of the kingdom from him, break his scepter, curse
his aptness; Bél, the master, who determines the aptness [suitability] whose
order is not changed, who makes my kingdom large, the insurrection which
his hand does not control, the wind of his downfall shall he let blow against
his towns, years of governmental oppression, short duration of life, years
of famine, a darkness without light, a death with seeing eyes, he is to
determine tor him his fate, the downfall of his city, the insurrection of his
subjects, the abolition of his sovereignty, the oblivion of his name and
memory, may decree with his weighty mouth. Beltis, the great mother,
whose orders are weighty in the E-kur, the mistress who pays good atten-
go RECORDS OF THE PAST
tion to my wishes at the place of the court and decision, shall make his
matter bad before Bél, the destruction of his country, the destruction of
his subjects, the outpour of his life like water into the mouth of Bel the
king shall lay. Ea, the great princess, whose conclusions of fortune go
ahead, the thinker of good, who knows everything, who makes long the days
of my life, shall deprive of wisdom and understanding, shall lead him into
oblivion, his rivers pen up in their springs, and not let grow in his country
the grain, the life sustenance of the people. Shamash, the great judge of
heaven and earth, who keeps aloft all ways of life, the master of the courage
of life, shall break up his kingdom, shall not carry out his right, shall stop
his road, shall destroy the courage of his troops, in his dreams face bad
prophecies with the extermination of the foundations of his throne and
prophesy the downfall of his country. Judgment of Shamash shall over-
take him at once, up among the living, cast down his spirit to the earth.
&e shall let him do without water among the living, without his spirit under
the earth. Sin, the lord of the lord of the heaven, the god-father, whose
sickle flares up among the gods, shall deprive him of crown and royal
throne; the heavy guilt, the great offence, he will not soften; but he cast
upon him days, months and years of his rule shall he spend in sobs and
tears, he will increase the burden of his sovereignty for him, he shall give
him as his fortune a life that shall be like death. Adad, the master of
fertility, the prince of heaven and earth, my helper, shall deprive him of
the rain in the heavens, the water supply in the springs and shall destroy
his land by famine and poverty, and shall rage powerfully over his city and
shall reduce his country to flood islands [ruined hills]. Zamama, the great
warrior, the first son of E-kur, who goes at my right, shall break his weapon
upon his election town, shall turn day into night for him, shall let his
enemy triumph over him. Istar, the goddess of battle and slaughter, who
frees my weapons, my generous protecting deity, who loves my kingdom,
in her angry heart, in her great grimness, shall she curse his kingdom,
shall turn his benevolence into misfortune and break his weapon at the place
of slaughter and battle. She will bring him disorder and rebellion, shall
knock down his warriors, the earth shall drink their blood, heaps of corpses
of his troops she shall throw down in the field, a life of mercy not spare
him, shall surrender him into the hand of his enemies, shall take him a
captive into the country of his enemies. Nergal, the mighty among the
gods, whose conflict is irresistible, who lends me victory in his great
violence, who shall consume his subjects like a weak reed, with his mighty
weapon he will cut off his limbs, he shall break as an earthen image. Nin-
tu, the exalted mistress of the countries, the prolific mother, shall deny him
a son, shall grant him no name, among human beings she shall give him
no descendants. Nin-karak, the daughter of Anu, who bestows mercy, in
E-kur she shall inflict on him severe sickness, bad fever, bad wounds, which
will net be healed, whose character the physician does not understand,
which he does not know how to treat with a bandage, which like the bite
of death cannot be averted, she shall let it come over his limbs till it de-
stroys his life. He shall lament his vitality, the great gods of heaven and
earth, the Anunaki, as a whole, shall cast curses and evil upon the sur-
roundings of the temple, the walls of this E-barra, his government, his
country, his warriors, his subjects and his troops. Bél shall strike him
immediately with a powerful curse out of his mouth, which cannot be
changed.
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Piate No. 6
EXPLORATIONS
IN BIBLE LANDS
DURING THE NINETEENTH CENTURY
THE FIRST COMPLETE ACCOUNT OF THE RECENT
EXCAVATIONS AT NIPPUR
By PROF. H. V. HILPRECHT, Ph.D., D.D., LL.D.
Scientific Director of the Babylonian Expedition of the University of Pennsylvania
4.
EXCAVATIONS IN THE TEMPLE COURT AT NIPPUR
HE author, in the preparation of this
volume, has had the co-operation of well-
known, leading scholars of German Uni-
versities with a view of presenting the vast
material authoritatively, and yet in a popular form,
to meet the great demand for a reliable work on the
subject on the part of Bible scholars as well as
students of ancient history.
CONTENTS
‘* THE RESURRECTION OF ASSYRIA AND
BABYLONIA”’ By Prof. H. V. Hilprecht.
University of Pennsylvania
“PALESTINE” «cea =+ By Lic. Dr. Benzinger
‘“*RGYPT” . . By Prof. Dr. Steindorff
University of Leipzig
‘* ARABIA”’ . . By Prof. Dr. Hommel
University of Munich
‘“ HITTITES ”’ . By Prof. Dr. Jensen
University of Marburg
The volume contains four specially prepared
maps and nearly 200 carefully selected illustrations,
exhibiting the work and method of the different
expeditions in the trenches, the ruined and restored
temples and palaces, and the rich archeological
material brought to light in the ancient Biblical
world during the past Century, special attention
being given to such antiquities as have a bearing
upon the Old Testament. °
‘‘Explorations in Bible Lands” in one large
volume (octavo) consist of nearly 900 pages, 300 of
which are devoted to the first accurate account of
the history and epoch-making results of
The Babylonian Expedition
of the
University of Pennsylvania
By its Scientific Director, PROF. HILPRECHT
ERE for the first time is presented a thorough
treatment of all the many important discov-
eries made at NIPPUR in connection with the
excavations of the great Temple of Bel, and its
storied-tower; the Temple Library, with its educa-
tional and literary quarters; the walls and gates of
the city, palaces, business houses, etc., etc.
Published in one large volume
at $3.00 net
IF TRANSPORTATION IS TO BE PREPAID, ADD 40 CENTS
| MAKE CHECKS, DRAFTS AND MONEY ORDERS PAYABLE TO
THE BABYLONIAN SECTION, UNIVERSITY OF PENNSYLVANIA, PHILADELPHIA, PA.
cientific Works
PROFESSOR GEORGE FREDERICK WRIGHT, D. D., LL. D., F.G. S. A.,
Professor of the Harmony of Science and Revelation in Oberlin College.
HE ICE AGE INNORTH AMERICA,
and its Bearings Upon the Antiquity of
Man. With an Appendix on “The Probable
Cause of Glaciation.” By Warren Upham,
F.G.S.A., Assistant on the Geological Sur-
veys of New Hampshire, Minnesota and the
United States. Fourth and Enlarged Edition.
With 150 Maps and Illustrations. 8vo, 645
pages and Index, Cloth, $5.
This is without doubt one of the most important
contributions made of late years to the literature of
post-tertlary geology.— The Athenzum [London].
The most exhaustive study yet made of the glacial
period in North America.—Chicago Times.
The volume is one of remarkable interest, and it
may be said to be the first in which the subject has
been exhaustively treated.—Boston Transcript.
Dr. Wright’s book is the most valuable contribution
that has been made in America to the study of gla-
ciation.—Sunday News [Charleston, S. C.].
The array of facts’as detailed in Professor Wright’s
work, seem to the uninitiated like the discoveries of
the diviner’s rod.—Army and Navy Journal.
The arrangement and method of the work are ad-
mirable. The style is clear and interesting, the text
is beautifully illustrated by many cuts and maps, all
well selected, and a large number of them new and
made expressly for this work.—Christian Union.
Professor Wright has very clearly and strongly
grasped his subject and worked out its details with
an infinite amount of patience and painstaking. His
book is the most important contribution to,American
geology which has been made by any American since
the death of Agassiz.—Boston Herald.
Though his subject is a very deep one, his style is
so very unaffected and perspicuous that even the un-
scientific reader can pursue it with intelligence and
profit. In reading such a book we are led almost to
wonder that so much that is scientific can be put in
language so comparatively simple.—New York Observer.
It is the result of years of indoor study and of out-
door personal investigation, and although it is inde-
pendent in reasoning and frank in expressions of
opinion, it is notably modest, cautious lest unwar-
rantable conclusions be suggested, and candid in the
statement of the views of others. It illustrates con-
spicuously the spirit and method of the true scien-
tist.—The Congregationalist.
Professor Wright’s work is great enough to be
called monumental. There is not a page that is not
instructive and suggestive. It is sure to make a rep-
utation abroad as well as at home for its distin-
guished author, as one of the most active and intelli-
gent of the living students of natural science and the
special department of glacial action.—Evening Bulletin
[Philadelphia].
Not a novel has in it any pages of more thrilling
interest than can be found in this book by Professor
Wright. There is nothing pedantic in the narrative,
and the most serious themes and startling discoveries
- are treated with such charming naturalness and sim-
plicity that boys and girls, as well as their seniors,
will be attracted to the story and find it difficult to
lay it aside.—Journal of Commerce [New York].
This comprehensive volume will undoubtedly take
its place as the standard work for a long time on this
important subject. The author writes with more skill
than most geologists, while he wastes no space on fine
paragraphs. So much has been discovered of late
that a full treatise needed to be produced, and it is
matter for congratulation that the work has been
done so fairly, so skillfully and so attractively.—Literary
World.
Dr. Wright is a professor of theology at Oberlin, as
well as a geologist, and it is significant of his wide de.
votion to either profession that in a volume whose ul-
timate result is to establish an antiquity for man far
beyond that usually supposed to be given in the Scrip-
tures, he hasrefrained from making any illusions what-
ever to its theological bearings, beyond the brief pref-
atory remark that he sees ‘‘No reason why it should se-
riously disturb the religious faith of any. believer in
the inspiration of the Bible.’”” He shows a practical ap-
plication of his belief ‘“‘that it is incumbent upon us
to welcome the truth from whatever source it may
come,’’ in the thoroughness with which he gives all
the observed facts that bear upon a given phenome-
non before his conclusions, as well as in his scrupu-
lousness in acknowledging the aid he has received
from fellow-workers, whether derived from their
writings or from personal communications. In both
these respects be presents an example worthy of im-
itation by fellow scientists.—The Nation.
The author has seen with his own eyes the most
important phenomena of the ice age on this continent
from Maine to Alaska. In the work itself, e'ementary
description is. combined with a broad, scientific and
philosophic method without abandoning, for a mo-
ment, the purely scientific character. Professor
Wright has contrived to give the whole a philosophi-
eal direction, which lends interest and inspiration to
it, and which in the chapters on Man and the Glacial
Period rises to something like dramatic intensity.—
The Independent.
A work worthy of the importance and interest of
his subject. It is not always, nor indeed often, that
a work of pure science can be made both instructive
and attractive to readers not familiar with the prin-
ciples of the science involved. In this instance, how-
ever, the subject naturally lends itself to what may
be styled popular treatment; and the author has aided
his explanations by a profusion of maps and pic-
tures, the latter mostly photographic, which render
his descriptions and consequent inferences plain to
any readet of ordinary intelligence.— The Critic.
Scientific Works
PROFESSOR GEORGE FREDERICK WRIGHT, D. D., LL. D., F. G. S. A.
AN AND THE GLACIAL PERIOD.
With an Appendix on “Tertiary Man,”
by Professor Henry W. Haynes. Interna-
tional Scientific Series. Fully Illustrated.
12mo, 385 pages, and Index. Cloth, $1.75.
Tenth Thousand.
The earlier chapter describing glacial action and the
traces of it in North America—especially the defining
of its limits, such as the terminal moraine of the
great movement itself—are of great interest and value.
The maps and diagrams are of much assistance In
enabling the reader to grasp the vast extent of the
movement.— London Spectator.
It may be described, in a word, as the best sum-
mary of scientific conclusions concerning the question
of man’s antiquity as affected by his known relations
to geological time.— Philadelphia Press.
As a-glacialist, the author of this volume stands
among the first, and his long study of that remark-
- able period in the geologic history of our planet in-
vests all he says about it with uncommon authority.—
Science.
This important treatise gives the clearest of views
concerning the present state of progress in the de-
partment of inquiries concerning man’s antiquity. It
is a forcible presentation of the cycle of data on cli-
mate, time, geology, physiography and archeology.—
Philaddphia Ledger.
Professor Wright’s study of the past and present
action of glaciers is thorough. It was not sufficient
for him to take his information from books. He has
visited many parts of the world, seeing with his own
eyes glacial action. Besides all this, he has the great
advantage of having formed a part of the United
States Geological Survey. He brings, then, to this
work a vast fund of practical and scientific knowl-
edge.—New York Times,
REENLAND ICE FIELDS AND LIFE
IN THE NORTH ATLANTIC.
With a New Discussion of the Causes of the
Ice Age. Conjointly with Warren Upham,
A. M., F.G. S. A. With Numerous Maps
and Illustrations. 412mo, 407 pages, and In-
dex. Cloth, $2.
The immediate impulse to the preparation of this
volume arose in connection with a trip to Greenland
by Prof. Wright in the summer of 1894, on the
steamer Miranda. The work aims to give within
moderate limits a comprehensive view of the scenery,
the glacial phenomena, the natural history, the peo-
ple and the explorations of Greenland. The photo-
graphs are all original, and the maps have been pre-
pared to show the latest state of knowledge concern-
ing the region.
One of the most readable volumes of arctic travel
yet issued, one which enables the reader to obtain a
very satisfactory general view of one of the most
mysterious lands on the globe.— Detroit Free Press.
No student of physical geography can afford to let
this book pass unread, and its graphic descriptions
and numerous illustrations make it attractive to the
general reader.—Literary World.
The authors have prepared a most excellent work,
which deserves the widest circulation and most gen-
erous reception by the reading public. It is an honor
to American scholarship.— The Critic.
HE SCIENTIFIC ASPECTS OF
CHRISTIAN EVIDENCES, by G.
Frederick Wright, D. D., LL. D., F.G.S. A.,
Professor of the Harmony of Science and
Revelation, Oberlin College. Illustrated.
12mo. Cloth, $1.50.
It is refreshing, tranquilizing and invigorating to
consider border questions of science and religion under
the guidance of so competent an authority in both de-
partments as Prof. George Frederick Wright, of Ober-
lin, in a work so scholarly, judicial and in every way
satisfactory as his Scientific Aspects of Christian Evi-
dences, a volume which is an elaboration of his
Lowell Institute Lectures of 1896. Here is a Chris-
.tian scholar, who is expert in both fields, the material
and the spiritual, who does not rush off into sopho-
moric declamation on the one hand or into timid com-
promise on the other, but who in a manly and digni-
fied way grasps the facts, separates them from con-
jecture, puts harmonies in their relations, states ar-
guments in a form satisfactory to opponents, and re-
vyeals underlying grounds of agreement and unity. We
advise some empiric doctors of both science and dl-
vinity to read and ponder such discourse as the book
contains as to Darwinism, evolution, the contradic-
tions and paradoxes of science, the deniable and the
undeniable of miracles, the real substance at the bot-
tom of the ‘“‘New Criticism,” and that whole field in
which the charlatans and the quacks are disporting
themselves so freely these days, to the terror of the
weak-minded and the amusement of those who know
something. No truly equipped scientist will take se-
rious issue with Dr. Wright upon any important
point; no genuine theologian will complain of him for
injustice to the truth. It is such granite blocks as
this, of intuition, argument and phenomena fairly in-
terpreted, that hold the ground against the current of
conjecture, fancy and rbetoric that plays so wildly
around the eternal verities.—Literary World.
PUBLISHED BY
D. APPLETON & CO,
72 Fifth Avenue, New York City
JUST PUBLISHED
“By far the Best Work upon that Subject.”—Chicago Tribune
Asiatic Russia
By G. FREDERICK WRIGHT
With Ten Maps and Ejighty-three Illustrations. In Two Volumes.
8vo. Pp. xxii, 290 and xii, 340. Net, $7.50; postpaid, $7.95. New
York: McClure, Phillips & Co. 1902.
HE AUTHOR has used the observations made by himself on an
extensive trip through Asia as the basis of this work. The book is
not one of travels merely, but is a COMPREHENSIVE TREATISE ON THE _
Russian Possessions 1n Asta. He takes up the Geography, Geology, Natural, ~
Political and Religious History, dividing it into the following five parts:
I. PHYSICAL GEOGRAPHY
II. RUSSIAN OCCUPATION
II. POLITICAL DIVISIONS
IV. SOCIAL, ECONOMIC, and
POLITICAL CONDITIONS
V. NATURAL HISTORY
CONTENTS :
VOL. I. General Description; Trans-Caucasia; Aral-Caspian Depression; Arctic-Ocean
River Basins; Arctic Littoral; Pacific Basin; Conquest of Siberia; Arrested Development; Occu-
pation of the Amur; of Turkestan; of Caucasia; Pre-Russian Colonization; Russian Colonization.
VOL. Il. Russian Colonization (continued); Exile System; Trans-Caucasia; The Steppe;
Turkestan; Western Siberia; Eastern Siberia; Amur Region; Means of Communication;
Capacity for Development; Grounds for Confidence in the Future; Foreign Relations; Geo-
logical History; The Climate; Flora and Fauna; Index; Bibliography.
_ “The work as a whole is a valuable and remarkably comprehensive presentation of Siberian subjects of
all kinds.’—Record-Herald (Chicago), July 14, 1902.
“Altogether these two volumes sum up the impressions of an exceptionally shrewd observer of political
and social conditions as affected by physical environment.”—The American Monthly Review of Reviews,
August, 1902, p. 251.
_. “Tt is doubtful if there is a man in the world better equipped for the purpose than Professor George Fred-
erick Wright. . . . _+ It is a work of the highest interest—one that ought to be read by all who desire to
know about a race which has ever been on terms of friendship with us, and one with which we are destined to
come into closer relations in the future.”—Jnquirer (Philadelphia), June 22, 1902.
“Professor Wright’s book is more comprehensive in its scope than any that haye heretofore appeared,
and has a field of its own.”—Springfield Republican, June 8, 1902.
“Now at least a book has been written upon the subject which is satisfying and complete. ELS
The reading public already knows from the interesting little skits of previous writers that no part of the world
holds more Picturesque and historic interest than does this. But it can have no idea of how deep and how
world-embracing is this interest until it has read what Dr. Wright has written about it. . . . . It is difficult
to see how any library can get along without Wright’s Asiatic Russia. Certainly the subject is one of the most
vital in the world. And, equally certain, this is by far the best work upon that subject.”—Tribune (Chicago),
July 5, 1902.
An Archaeological Tour to Greece and Italy
HIS tour is designed especially f i i i
from their work only ae y for students and teachers of the classics, ancient history and archzeology who can be absent
g the summer and who desire to see these lands under th id i i
at een as of the American School at Athens in 1897-1899. sas maaan naire Samet
ice, Boe ae from New York for Naples about June 23d, and go first to Greece, to which at least five weeks will be
Goltetn wot eae and vicinity, the party will Probatly visit Nauplia, Epidauros, Tiryns, Mycenz, Corinth, Eleusis
Th alien ap i, Olympia, #£tolia and Corfu, and possibly places of interest in Thessaly. : , ’
Returning, the party Sail eat hone Nee ul be given to Rome and vicinity and the remaining time to Pompeii, Paestum, Naples and vicinity.
Mediterranean roune. ples about September 2d, reaching New York about September r5th, both voyages being by the
e cost of the tour will be, as in 1902, but $. ich i ivi
: be, as , 475. which includes all necessary expenses for travel, living and sight-seei
a a ee ee Be Places ne eee Beaty yi oa should be made at an casi dae ee
I ; g educators such as Profs. John Williams White, of Harvard; T. D. Seymour, of Yale;
J. Irving Manatt, of Brown, and M. L. D'Ooge, of Michigan University, and the feasibility of summer travel in Greene and italy was
demonstrated by the experience of the party in 1902.
For further information and circulars, address
ARTHUR STODDARD COOLEY, Ph.D.
387 Central Street, Auburndale, Mass.
THOMAS FORSYTHE NELSON
Genealogical Scientist
HE professional services of Mr. Nelson may be obtained in tracing any line of family descent, however intri-
cate or indefinite the known facts may be ; especially where exhaustive search must be made through local
town, county or state records, either in the United States or in Europe. ;
A special effort is made in every case to gather all possible data that would be of value, from a scientific
_ standpoint, in determining the development and transmission of family traits or characteristics, either mental
_ or physical; to cite the historical and sociological environment of each individual head of family and thus enable
» descendants to study and know something more of their ancestry than is found in a mere catalogue of ancestral lines.
Consultation and preliminary investigation will be made free of charge, and correspondence is desired with any
person interested in, or wishing to pursue any line of genealogical research. Personal interview may be arranged for
by correspondence. Address
Refers by permission to the ‘
Editor of RECORDS OF THE PAST P. O. Box 473, Washington, D. C.
The Genealogical Quarterly Magazine
MAGAZINE, well printed, carefully edited, and intended as a repository of
records valuable for genealogical purposes.
Printing is the only way of preserving our records. The longer the
subscription list the greater the work accomplished.
A yearly subscription ($3) is little to ask of anyone to whom such a magazine
would be either interesting or useful. Queries may be inserted free.
Established 1890 at Salem, Mass.; now Published at 14 Beacon Street, Boston, Mass.
gay-Three specimen copies will be sent upon receipt of $1.
ges-Complete set, including subscription for 1902, $55.
LANTERN SLIDES AND PHOTOGRAPHS
Dr. ARTHUR STODDARD COOLEY, of Auburndale, Mass., has issued a Catalogue of
Photographs of Greece and Europe (with supplement dated July, rgo1, and October,
1902), from which list slides and prints will be supplied at the following rates:
Slides, 40 cents each; $4.50 per dozen; $35.00 per Hundred.
The purchaser pays cost of packing and transportation. Slides may be rented for 10 cents each for one month or part
thereof, and 5 cents each for each succeeding month or part thereof; renter to pay cost of packing and transportation
both ways, and to make good damages after receipt of the slides. Prints of negatives will be sent for examination
and may be retained at the usual rates or returned in good order within two weeks.
Photographs (size, about BY by 3% inches).
Velox Prints, 12 cents each; per dozen, $1.35 ; per hundred, $10.00.
Solio Prints, single print, 10 cents, per dozen, $1.10; per hundred, $8.00.
From Negatives marked (B), 8 cents each. Blue Prints, 6 cents each; $5.00 per hundred.
COMPLETE CATALOGUES WILL BE SENT ON RECEIPT OF FIFTEEN CENTS, WHICH INCLUDES POSTAGE.
AUTHORIZED AMERICAN AGENT OF A. RHOMAIDES OF ATHENS.
Address, ARTHUR S. COOLEY,
3a7 CENTRAL STREET, AUBURNDALE, MASS.
Lantern Slide Department
RECORDS OF THE PAST
EXPLORATION SOCIETY
We are prepared to furnish SCHOOLS, COLLEGES, CLERGYMEN and
LECTURERS with Lantern Slides of
ATchacological, Historical and Ethnotogica
SUBJECTS
BOTH AMERICAN AND FOREIGN
E CAN furnish Lantern Slides from the ORIGINAL PHOTOGRAPHS
of any of the Illustrations that have appeared in Records of
the Past.
We have access to all the negatives belonging to the United States
Bureau of Ethnology, the Geological and Geographical Surveys, and so
can furnish Lantern Slides from the Oricinacs of any of the illustra-
tions which have appeared in their Voluminous Reports. These include:
Aztec Ruins, Cavate Dwellings, Prehistoric Carvings
and Hieroglyphs, Mummies, Pueblos, Ancient
and Modern Pottery, Indian Types
Taken from the Tribes now living in the United States and Mexico
Our LANTERN SLIDES ARE MADE BY
HILLERS
Former Chief Photographer of the Geological and Ethnological Bureaus. He has received Gold
Medals and Diplomas at all the Expositions in this Country and Europe.
His Colored Transparencies are known all over the World
WE WILL TAKE ORDERS FOR
HILLERS’ ENLARGED TRANSPARENCIES
IN BLACK AND WHITE OR COLORED
which can be made in any size up to 5 feet from the above-mentioned Negatives or others furnished us.
For TERMS AND FURTHER INFORMATION, ADDRESS
Records of the Past Exploration Society
215, Third Street, S. E., Washington, D.C. .
If Your Friend is 3a
Camera Fiend
Give ?™) a
Goerz
Lens.
This Cut Proves the Speed of the
Goerz Double Anastigmat
- LENSES ...
The negative was made over two years ago when the series 111 Double Anastigmats worked at a
maximum opening of F: 7.7. They now work at F:; 6,8, and are thus about 25 per cent faster
than they used to be. Neither the price nor other properties have changed.
Ask for full descriptive price list from your dealer or from the manufacturer.
C. P, GOERZ OPTICAL WORKS, waza &&.., New York,
xy Union Square,
ARCHA-OLOGICAL CABINET
WILL BE SOLD AT A SACRIFICE
Consists largely of relics from the Santa Barbara graves, sup-
plemented by relics, idols, etc., from Central America, Scandin-
avia and the South Seas. Address,
HEBER H. BEADLE, Bridgeton, N. J.
Bibliotheca Sacra, Vol. LVIII, 190!
Contains the first of the series of articles by Professor G. Frederick Wright, bearing on the
accuracy of the Old Testament History. They include
Physical Preparation for Israel in Palestine; The Crossing of the
Red Sea; an? The Possible Population of Palestine
Back NuMBERS CAN BE FURNISHED
If You Have Archaeological Collections to Sell
write us for our special rates for such advertising space
Address RECORDS OF THE PAST, 215, 3d St., S. E., Washington, D. C.
Sunset from Wal i
THE GREATEST TRIUMPH IN PHOTOGRAPH
THE FIRST TIME THE SUN HAS EVER
BEEN SUCCESSFULLY PHOTOGRAPHED
WURING the last week of August, 1902, Dr. Baum, the Editor
of REcorDs OF THE Past, while on an expedition to the Southwest
for the purpose of investigating the Pueblo and Cliff ruins of that
region, visited the Pueblo villages of the Hopi Indians at and near
Walpi, Arizona. One afternoon while on the Walpi Mesa, the sky
became overcast with clouds from a spent storm in the distant
San Francisco range of mountains, the first time for many weeks. |
Dr. Baum, with two of his assistants, Messrs. Lorin A. Clancy and
Charles M. Scarborough, decided to remain upon the mesa until after sunset for
the purpose of photographing the various cloud effects.
Only those who have had the rare good fortune of seeing the beautiful sunsets
over the mesas and mountains of the deserts of the Southwest know of their glories,
for the artist has never been able to transfer them to canvas. On this occasion, as
the sun neared the horizon and the plain below the Walpi Mesa lay in the deepen-
ing shadows of the coming night, the clouds lifted dbove the distant mesa leaving a
clear strip of sky. Several plates were exposed until after the sun had disappeared
from sight. The gem of the views made shows the sun distinctly defined in the
clear sky about one-third below the horizon, the clouds being illuminated with the
beautiful hues of one of the most glorious sunsets ever seen in that region.
‘The view was made with a camera designed by and built under the direction of
Dr. Baum. The focal plain shutter was set at about the 1,500th part of a second.
A Goerz 1034-inch focus lens was used with wide open aperture on a 34% by 4%
L. Ortho Seed plate. An enlarged print from the original negative has been
colored by Mr. De Lancy Gill, of the Bureau of Ethnology, one of the foremost
water color artists in this country. Mr. Gill has frequently visited the Southwest
and is familiar with the peculiar tints of the sunsets of that region. He has had
the advice of Dr. Baum, concerning the special tints appearing in this sunset, so
that the colored photograph is as true to nature as human art can make it. This
photograph in water colors has been accurately reproduced in the three-color pro-
cess by the Patterson & White Company, of Philadelphia, on heavy India tinted
paper, and is regarded as a rare work of art. Both the original photograph and
reproduction have been copyrighted.
PRICES OF REPRODUCTIONS
In colors, on heavy India tinted paper, 1ox12% inches ........ . . . «$1.00
Black and white, Platinotype print, 11 x 14 inches, unmounted ae . 1.00
Be Petal Sis fe es é mounted. ....... 2 « Is50
Lantern slides from the original negative, plain. . ...... 50
Colored, after Mr. Gill’s water colored photograph ke ee ee I
Subscribers to RECORDS OF THE PAST can have the reproduction in colors for 50 cents.
Address all communications to
Records of the Past Exploration Society
215, Third Street, S. E., Washington, D. C.
Special Combination Offer
RECORDS OF THE PAST and BIBLIOTHECA SACRA
RECORDS OF THE PAST is a strictly scientific publication, but we realize that a large number of
the Laity, as well as the Clergy are interested in the great religious and social questions that are not,
and cannot be, discussed within the limits of the popular magazines published in this country.
Bibliotheca Sacra is now in its 73d year, and is the oldest quarterly published in the United
States. The contributors embrace many of the most prominent men of the religious bodies of
America and Europe. Under the able editorship of the Rev. Prof. George Frederick Wright, D.D.,
LL.D., of Oberlin College, it has reached the highest standard of scholarship, and the widest treat-
ment of the great social and religious questions of the day.
We are able to make a clubbing rate with Bibliotheca Sacra exceedingly favorable to the Clergy
and Laity, Public Libraries and Reading Rooms, and will send to new subscribers the two periodicals
for 1903 for $3, thereby saving to the subscriber $2 on the two publications. The annual subscription
of RECORDS OF THE PAST being $2, and the Bibliotheca Sacra $3.
Present subscribers to RECORDS OF THE PAST can have Bibliotheca Sacra for 1903, by remitting
to Records of the Past Exploration Society $2.50. The renewal clubbing rate to the two periodicals
for 1903, will be $4. Bibliotheca Sacra is published quarterly at Oberlin, Ohio, on the first of
January, April, July and October. Each issue contains 200 octavo pages.
Professor Wright’s fullest statement of the facts discovered during his recent trip through Central
Asia bearing on the credibility of the Noachian deluge will be given in the Biblictheca Sacra for 1903.
PARTIAL CONTENTS OF THE
Bibliotheca Sacra, Vol. LIX, 1902
January lHluxley and Phillips Brooks. Prof. William Newton Clarke, D.D.
———— _ Witchcraft and the Old Testament. Rev. Charles Edward Smith, D.D.
The Steel Strike (I) Prof. Ernest Ludlow Bogart.
Professor Paine on the Trinities. Prof. Frank Hugh Foster, D.D., Ph.D.
Plenty and Famine in Egypt. Prof. G. Frederick Wright, D.D., LL.D.
An Oberlin Interpreter of Ritschl. Rev. A. A. Berle, D.D.
Why Did Amos Predict the Captivity? Prof. E. E. Braithwaite.
April The Latest Translation of the Bible (I). Rev. Henry M. Whitney.
The Supernatural. Ex-Pres. John Bascom, D.D., LL.D.
The Growing Socialism. Rev. Andrew Burns Chalmers.
The Steel Strike (II). Prof. Ernest Ludlow Bogart.
Higher Criticism and Messianic Prophecy. Rev. Edward Hartley Dewart, D.D.
A Study of Mormonism (I). Rev. George R. Lunn.
Ju ly Resurrection 3000-4000 B. C. and the Old Testament. Prof. Howard Osgood, D.D.
——__ A Study of Mormonism (II). Rev. George R. Lunn.
The Latest Translation of the Bible (II). Rev. Henry M. Whitney.
A. D. Harnack’s ‘¢ Essence of Christianity.’? O. Zéckler (Translation).
Christian Charity of the Twentieth Century Church. Rev. H. Francis Perry.
Reaction Between Natural Science and Religion. Prof. Frederick W. Sardeson, Ph.D.
Of Special Timeliness are Prof. G. Frederick Wright’s articles on the Flood in the April, July and October Numbers.
April No.—lInterpretation of the Biblical Account.
July No.—Considers the vast amount of evidence which has recently come to light showing that there has been
a period of instability of the earth’s crust extending down to comparatively recent times, which, from a
scientific point of view, renders the scrip/ural accounts of the Flood easily credible.
October No.—Presents the positive geological evidences going to show that some such wide-spread catastrophe as the
Flood has actually occurred since man came into the world.
«
Back Numbers of BIBLIOTHECA and RECORDS OF THE PAST can be furnished
WH
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The Ciits and Pueblo Ruins
&¢ Colorado, New Mexico
Arizona and Utah
Are Most Conveniently
Reached by Way of
¢
ECOGNIZING the great interest which has lately been aroused in these wonderful ruins,
we have made such reduced railroad rates as will enable visitors to reach these marvelous
structures with the least possible expenditure of time and money.
The railroad rate is $28.00 for the round trip from Denver, Colorado Springs and
Pueblo, which applies to most of the points from which the various cliff dwellings can
be reached. This route also covers the famous ‘‘Around the Circle’’ tour, which comprises more
noted scenery than any similar trip in the world.
Tickets are on sale from May to October of each year and are good sixty days from date of
sale, permitting stop-overs at all points. Transcontinental tourists may secure a reduced rate for
side-trip tickets on presentation of their through tickets to the agents at Denver, Colorado Springs,
Pueblo, Salida or Montrose, thus affording all who desire to do so an opportunity to visit the won-
derful ruins. For free illustrated booklets, address
Ss. K. HOOPER
General Passenger and Ticket Agent DENVER, COL.
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